Neuroscience is a natural science that studies various aspects of brain function, such as cognition, behaviour, and emotions, and how these are related to the structure and activity of the brain. In recent decades, neuroscience has become increasingly intertwined with criminal law. Its implementation in the criminal procedure raises important questions regarding the scope of the privilege against self-incrimination, which is widely recognised in democratic states as one of the cornerstones of a fair criminal procedure. There is no clear consensus among jurisdictions worldwide on whether evidence obtained through modern methods of brain investigation should be categorized as physical or testimonial evidence, and whether such evidence is admissible at all. The potential use of such evidence in criminal procedure requires careful consideration and a balanced approach to ensure the respect for individuals' rights in the criminal procedure.
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